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Richard Alan Jaffe

Richard Alan Jaffe

Aggressively fighting for injured workers for 30+ years
  • Workers' Compensation, Social Security Disability
  • New Jersey, Pennsylvania
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Summary

One of Philadelphia’s best known and well respected Workers’ Compensation attorneys, Richard A. Jaffe has been representing injured workers and other disabled individuals for over 32 years. He concentrates his practice on Workers’ Compensation and Social Security Disability. A graduate of the University of Pennsylvania and Tulane Law School, he is licensed to practice in both Pennsylvania and New Jersey. He started the firm in 1994 and since then has aggressively fought for the rights of the injured worker in hundreds of cases in the Southeastern Pennsylvania area. He is an active member of the Workers’ Compensation Section of PaAJ, is a Sustaining Member of NOSSCR, and is on the Board of Directors of the Workers’ Injury Law & Advocacy Group for 2005 - 2018. Effective May 1, 2013 Richard is Certified as a Specialist in the Practice of Workers Compensation Law by the PA Bar Association's Section on Workers Compensation as Authorized by the Pennsylvania Supreme Court. Richard has been named to the PA Super Lawyer list 12 years in a row between 2006-2018. Effective May 1, 2013 Richard was Certified as a Specialist in the Practice of Workers Compensation Law by the PA Bar Association's Section on Workers Compensation as Authorized by the Pennsylvania Supreme Richard was selected by his peers for inclusion in The Best Lawyers in America© 2015 - 2019 in the fields of Workers Compensation. The Law Offices of Richard A Jaffe, LLC has also been recognized as one of the Best Law Firms in the USA for Workers Compensation in 2016-2018 as seen in U S News and World Reports.

Practice Areas
  • Workers' Compensation
  • Social Security Disability
Additional Practice Areas
  • Public Benefits
  • Car Accidents
Fees
  • Free Consultation
  • Contingent Fees
    Workers Compensation Cases : 20 % Social Security : 25% or $6000 which ever is less
Jurisdictions Admitted to Practice
New Jersey
Pennsylvania
Languages
  • English: Spoken, Written
Professional Experience
Owner / Memeber
Law Offices of Richard A Jaffe, LLC
- Current
Associate
Margolis Edlestein
-
Education
Tulane University School of Law
J.D. (1985) | Law
-
University of Pennsylvania
B.A. (1981) | Major: Sociology ; Minor : Psychology
-
Awards
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2019 in the fields of Workers Compensation
Best Lawyers in America
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2018 in the fields of Workers Compensation
Best Lawyers in America
PA Super Lawyer List
Super Lawyers
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2017 in the fields of Workers Compensation
Best Lawyers in America
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2017 in the fields of Workers Compensation
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2016 in the fields of Workers Compensation
Best Lawyers in America
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2015 in the fields of Workers Compensation
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2015 in the fields of Workers Compensation
Best Lawyers in America
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2015 - 2017 in the fields of Workers Compensation
Professional Associations
Pennsylvania State Bar
Member
Current
PA Bar Association's Section on Workers Compensation as Authorized by the Pennsylvania Supreme Court
Current
Certifications
Certified as a Specialist in the Practice of Workers Compensation Law
PA Bar Association's Section on Workers Compensation as Authorized by the Pennsylvania Supreme Court
Websites & Blogs
Website
PhillyWorkInjury.com
Blog
PhillyWorkInjury.com Blog
Legal Answers
60 Questions Answered

Q. If I already had a bad back, but then it got aggravated at work, am I still able to get workers comp?
A: Yes, and aggravation of a pre-existing condition could be considered a work-related injury if it occurred while in the course and scope of your employment, and prevents you from continued Employment. It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to schedule an initial consultation. In most instances the initial consultation will be free of charge and most Attorneys will accept your case on a Contingent Fee Basis.
Q. Can I file a successful workers' compensation claim for a car accident that occurred in our company parking lot?
A: Unfortunately, without additional information is impossible to answer your question. Parking lot cases are fact specific and some injuries occurring in the "company parking lot" are compensable and others are not. In light of the above, it is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to discuss the facts surrounding your car accident in the "company parking lot" to determine whether, or not, you do have a valid Claim for Workers Compensation Benefits. The initial consultation would be free of charge and most Attorneys will accept your case on a Contingent Fee Basis.
Q. I injured my back at work and was placed on light duty then sent to a spinal specialist who stated my injury may take
A: You are able to utilize FMLA Benefits in conjunction with Workers Compensation Benefits for the initial 12 weeks of your period of Disability. If you are able to return to work within the 12 week period of time your Employer is required to provide you with similar employment to your pre-injury job. If it is your work-related injury which is causing you to be disabled, you would be entitled to wage loss benefits, rather than just a Leave of Absence. It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies. The initial consultation would be free of charge and most Attorneys will accept your Case on a Contingent Fee Basis.
Q. When on workmans comp how do they calculate the wages paid? Is it current wages or last years wages.
A: An injured worker's Average Weekly Wage is calculated pursuant to Section 309 of the Act. If you an hourly employee and have been employed with the same Employer for 52 weeks, or more, prior to your injury, your most recent 52 weeks of earnings were broken into 13 week "quarters" and the average of the highest 3 will be utilized for your Average Weekly Wage. If employed less than a full year, the last . 13, 26, or 39 weeks are used to calculate the appropriate Average Weekly Wage. If employed less than 13 weeks, one looks at the Expectations of your wages as you have not worked long enough to properly calculate your Average Weekly Wage. If you have recently received a promotion prior to your injury, more than likely your prior Wages will be significantly reducing your current earnings. If, however, you are salaried, as opposed to an hourly employee, one could argue that it is your salary, and not do the above-noted calculations. It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies. The initial consultation would be Free of Charge and most Attorneys will accept your case on a Contingent Fee Basis.
Q. Is there a specific form and approach method that must be used by an employer when they want to bring an employee back?
A: If you are currently represented by counsel, it is my recommendation that you discuss these issues with your Attorney as he/she may be in a better position to address your concerns. With that stated, assuming that your Workers Compensation Claim has been accepted with the issuance of a Notice of Compensation Payable, once the Workers Compensation Carrier is in possession of medical evidence showing a change in your physical condition and ability to return to work, they are required, by law, to provide you with a Notice of Ability to Return to Work in accordance with Section 306 (b) (3) of the Act. Said Form can be sent contemporaneously with a written offer of employment, or it may be sent initially with the written offer of employment to follow shortly thereafter. In the absence of the Notice of Ability to Return to Work, the job offer cannot form the basis of a Petition for Suspension/Modification. There are also specific that must be placed into the written Offer of Employment, however, again this is something that you should discuss with your Attorney. In the event that you are not satisfied with your current representation, you are certainly free to contact another Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law for an initial consultation.
Q. Is it possible to keep a percentage of workers' compensation benefits being paid out, even after you return to work?
A: Pennsylvania is currently a "wage loss" state, and therefore, if you Claim was accepted by a Notice of Compensation Payable and you have returned to work earning wages less than your pre-injury Average Weekly Wage then you would be entitled to Partial Disability Benefits which are calculated as two thirds of the difference between your pre-injury average weekly wage, and your current earnings; i.e. if your pre-injury average weekly wage was $750 per week and he returned to work earning $600 you would be entitled to $100 per week in Partial Disability Benefits. If you have return to work and your Workers Compensation Carrier has filed a Notification of Suspension or Modification it is important to check whether, or not, the information contained therein is accurate, and if not, a "Employee Challenge" can be filed within 21 days. It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law for an initial consultation to discuss your rights and remedies. The initial consultation would be Free of charge and most Attorneys will accept your case on a Contingent Fee Basis.
Q. I was injured at work and had surgery the doctor released me for light-duty only. I was told I had to go to physical
A: If the physical therapy facility is open either before or after your normal working hours, you would not be entitled to any lost wages or Partial Disability Benefits for seeking treatment during normal working hours. If, however, the physical therapy facility is only open during the same hours of your Employment, and you miss time from work to attend physical therapy sessions, then, and only then, would you be compensated for lost time. It is my recommendation that if you are not currently represented by Counsel, that you contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law for an Initial Consultation. The Initial Consultation would be free of charge and most Attorneys will accept your case on a Contingent Fee Basis.
Q. Can I still get medical treatment after signing a compromise and release agreement?
A: It is difficult to properly answer your question without knowing the terms of the Compromise and Release Agreement. If you enter into what is called a" Full" Compromise and Release Agreement, you would be foregoing your right to receive any ongoing reasonable and necessary medical treatment for your work-weighted injury. If the Compromise and Release Agreement is for indemnity benefits alone, you would be able to continue to receive reasonable and necessary medical treatment for the injuries enumerated in paragraph 4. If you are represented by an Attorney, it is imperative that you discuss the legal significance of the Compromise and Release Agreement before entering into same. If you are not currently represented by an Attorney, it is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to go over the terms of the Compromise and Release Agreement to determine whether, or not, they are in your best interest. Based upon the concerns which you have expressed in your question, it may not be the appropriate time to enter into such a Settlement with your Employer and its Workers Compensation Carrier without the benefit of and Experience Workers Compensation Attorney.
Q. I got hurt on the job and filed a workman's comp claim. Is it legal for my employer to take my vacation days?
A: As you are not entitled to wage loss benefits unless you miss more than 7 days from work, some Employers require injured workers to exhaust their sick and vacation time, if they want to get paid while awaiting the Workers Compensation Carriers determination if they will accept liability for your injury. If the claim is later accepted, we are often able to get our Client's vacation "bank" replenished. It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies. The initial consultation would be Free of charge and most Attorneys will except your Case on a Contingent Fee Basis.
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1500 John F Kennedy Blvd
#1922
Philadelphia, PA 19102
USA
Telephone: (215) 496-9607
Fax: (215) 496-9609